Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilson v State of Victoria [2023] FCA 111 File number(s): VID 624 of 2021
Judgment of: HESPE J
Date of judgment: 20 February 2023
Catchwords: PRACTICE AND PROCEDURE – applications for summary dismissal and strike out – pleadings allege invalidity of measures relating to the rollout of COVID-19 vaccines and restrictions on unvaccinated individuals in the State of Victoria based on Constitution, contraventions of Imperial statues, incompatibility with the Charter of Human Rights and Responsibilities Act 2008 (Vic) – whether Applicants enjoy reasonable prospects of success
Legislation: Constitution ss 51(xxiiiA), 51(xxxvii), 51(xxxviii), 109 Australian Immunisation Register Act 2015 (Cth) Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 13.01, 26.01 Judiciary Act 1903 (Cth) s 39B National Health Act 1953 (Cth) s 132G National Health Amendment (COVID-19) Act 2021 (Cth) Sch 1 Public Governance, Performance and Accountability Act 2013 (Cth) s 65 Statute of Westminster Adoption Act 1942 (Cth) s 2 Charter of Human Rights and Responsibilities Act 2008 (Vic) ss 1, 3, 4, 7, 28, 29, 31, 32, 38, 39 Imperial Acts Application Act 1980 (Vic) Pt II Div 3, Pt II Div 4 Interpretation of Legislation Act 1984 (Vic) s 38 Occupational Health and Safety Act 2004 (Vic) Public Health and Wellbeing Act 2008 (Vic) ss 165A, 165AB, 165AI, 165AL, 165CR, 198, 200, 204 Public Health and Wellbeing Amendment (Pandemic Management) Act 2021 (Vic) s 12 Subordinate Legislation Act 1994 (Vic) s 3 COVID-19 Mandatory Vaccination (Workers) Directions (Vic) COVID-19 Mandatory Vaccination (Specified Workers) Order 2022 (No. 6) (Vic) Pandemic (Workplace) Order 2022 (No. 8) (Vic) Pandemic COVID-19 Mandatory Vaccination (General Workers) Order 2021 (No. 1) (Vic) Pandemic COVID-19 Mandatory Vaccination (General Workers) Order 2022 (No. 4) (Vic) Pandemic COVID-19 Mandatory Vaccination (Specified Workers) Order 2021 (No. 1) (Vic) Pandemic COVID-19 Mandatory Vaccination (Specified Workers) Order 2022 (No. 6) (Vic) Victoria, Victoria Government Gazette (Special), No S 705, 10 December 2021 (Vic)
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